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Despite Set Aside For De Novo Consideration, AO Cannot Look At Fresh Issues
Case Law Details
- Case Name
- M/s. Gemini Oils Pvt. Ltd., Vs. ITO (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 1996-97
- Courts
- All ITAT, ITAT Mumbai
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In the instant case the powers of the CIT[A] are not questioned but what has been questioned is the powers of the AO in framing a de novo assessment , when the original assessment is set aside laying down the boundaries for framing the set aside assessment . It would not be out of place to cite the decision of the Hon’ble Supreme Court in the case of Bhavna Chemicals ltd 239 ITR 507 wherein The Hon’ble Supreme Court declined to adjudge on the point of law that if the set aside assessment is made according to the directions of the ITAT it may result into enhancement of income . The ...
